A/77/514
19.
While all human rights are interconnected and mutually reinforcing, the intersection
between culture and freedom of religion or belief for indigenous peoples draws considerable
attention. The UN Committee on Economic, Social, and Cultural Rights observes that
maintaining and strengthening their "spiritual relationship" with ancestral lands is
"indispensable to their cultural life." Incidentally, indigenous peoples primarily cite cultural
rights in complaints to the Human Rights Committee regarding spiritual practices.38 This is
not to say that freedom of religion or belief is less practical/applicable, but it is less commonly
cited and understood vis-à-vis indigenous peoples. Regional and domestic courts also invoke
culture, property, or intellectual property law to protect indigenous spiritual practices.39
20.
Several experts warn that analogizing "indigenous spirituality" for the non-indigenous
world—often to gain public support—may decontextualize them. For instance, describing
elders as their "priests" or indigenous lands as their (admittedly irreplaceable) "Church." The
notion that religious groups may be rights-holders without some formal institution,
organization, or other legal personality is unfamiliar to most modern, liberal legal systems.40
Yet as one interlocutor opined, "[i]ndigenous religions should not have to be likened to
Judeo-Christian practices and beliefs to make them acceptable [or deemed worthy of
protection]."41 Nor does international human rights law demand it: freedom of religion or
belief is protected regardless of whether the State recognizes its existence.
V.
Key findings
A.
Forcibly assimilated and denied recognition
21.
Harrowing historical experiences of colonization, forced assimilation, and
dispossession have shaped and are inseparable from indigenous peoples' contemporary
concerns for spiritual, cultural, and physical survival. Several States invoked variations of
the Doctrine of Discovery ("Doctrine") to justify forcibly removing indigenous peoples from
their lands.42 The Doctrine—developed in support of religious institutions' ambitions to
"invade, capture, vanquish, and subdue [...] all Saracens and pagans, and other enemies of
Christ"43 —furnished a "discovering" sovereign with "exclusive right" to "extinguish"
indigenous peoples' pre-existing title and interests in their lands.44 Experts further describe
forced sedentarization—placing migratory, mobile, or nomadic indigenous peoples into
settlements—as causing loss of their spirituality by separating them from their lands.
22.
Several reports of State efforts to further assimilation initiatives detail attempts to
control indigenous women's sexuality and reproductive capacities, including sterilization of
Native American women in the USA; "biological absorption" (via forced impregnation) in
Australia's Stolen Generations; and Denmark's insertion of IUD devices into approximately
4,500 Greenlandic women and girls often without their consent.45
23.
Other reports document the forced removal of indigenous children from their families
and communities for distant, often religious institution-led schools, where they were
"exclusively taught the dominant religion and culture" and prohibited from using their own
38
39
40
41
42
43
44
45
E.g. CCPR/C/110/D/2102/2011; CCPR/C/95/D/1457/2006; CCPR/C/84/D/879/1999;
CCPR/C/33/D/197/1985.
https://www.mdpi.com/2077-1444/12/10/869/htm,(p.7);
https://www.iwgia.org/images/publications/0002_Land_Rights_of_Indigenous_Peoples_In_Africa.pd
f; https://www.justiceinitiative.org/publications/strategic-litigation-impacts-indigenous-peoples-landrights,(pp.30-34).
https://doi.org/10.18584/iipj.2011.2.4.4,(pp.3-4,8-11).
Consultation-USA.
https://doctrineofdiscovery.org/assets/pdfs/lcb154art1millerpdf.pdf; Submissions-United South and
Eastern Tribes Sovereignty Protection Fund, Michael McNally.
E/C.19/2012/CRP.2,(para.62).
https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1050&context=facpubs,(p.67).
https://www.gao.gov/assets/hrd-77-3.pdf;
https://humanrights.gov.au/sites/default/files/content/pdf/social_justice/bringing_them_home_report.p
df; https://www.justiceinfo.net/en/103874-denmark-greenland-traumatic-birth-control-campaign.html.
7